Ord. 2000M-0029 2007-02-26
ORDINANCE NO. 2000M-29
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF
THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING
THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION
BEING 4.6841 ACRES OF LAND OUT OF TRACT 73 OF THE
ZYCHLlNSKI SUBDIVISION OF THE R. B. LYLE SURVEY, ABSTRACT
542, ALSO KNOWN AS THE MINOR PLAT OF THE A S ACQUISITION
SUBDIVISION, LOT 1, BLOCK 1, AS RECORDED IN DOCUMENT NO.
2006051876 OF THE OFFICIAL RECORDS OF BRAZORIA COUNTY,
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE EAST SIDE OF STATE HIGHWAY 35 (MAIN
STREET), AND APPROXIMATELY 1,000 FEET SOUTH OF KNAPP
ROAD), (ZONE CHANGE APPLICATION NO. 2007-01Z), FROM
GENERAL COMMERCIAL DISTRICT (GC) TO LIGHT INDUSTRIAL
DISTRICT (M-1), AT THE REQUEST OF JIM MURPHY, APPLICANT FOR
AS ACQUISITIONS AND DAVE PELTON, OWNER, PROVIDING FOR AN
AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE
AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Jim Murphy, applicant for AS Acquisitions and Dave Pelton, owner,
filed on November 9, 2006, an application for amendment to Ordinance No. 2000M, the
Zoning Map of the City, for approval of a change in the zoning district, said property
being legally described in the original applications for amendment attached hereto and
made a part hereof for all purposes as Exhibit "A", and more graphically depicted in the
location map attached hereto and made a part hereof for all purposes as Exhibit "B";
and
WHEREAS, on the 15th day of January, 2007, a Joint Public Hearing was held
before the Planning and Zoning Commission and the City Council of the City of
Pearland, Texas, notice being given by publication in the official newspaper of the City,
the affidavit of publication being attached hereto and made a part hereof for all
purposes as Exhibit "C", said call and notice being in strict conformity with provisions of
ORDINANCE NO. 2000M-29
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 1st day of February, 2007, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Jim Murphy, applicant for AS
Acquisitions and Dave Pelton, owner, whereby the Commission recommended approval
of the change of classification for the described property from its existing classification
of General Commercial District (GC) to Light Industrial District (M-1), said
recommendation attached hereto and made a part hereof for all purposes as Exhibit
liD"; and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, the City Council considered this application and the recommendation of
the Planning and Zoning Commission at a regular meeting on February 12, 2007; and
WHEREAS, the City Council having fully heard the testimony and argument of all
interested parties, and having been fully advised in the premises, finds that in the case
of the application of Jim Murphy, applicant for AS Acquisitions and Dave Pelton, owner,
presented which, in the judgment of the City Council, would justify the approval of said
application; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section I. The following described property located within the corporate City
limits of the City of Pearland, Texas, and presently classified as General Commercial
District (GC) is hereby zoned to Light Industrial District (M-1), such property being more
particularly described as:
4.6841 acres of land out of Tract 73 of the Zychlinski Subdivision of the R. B.
Lyle Survey, Abstract 542, also known as the Minor Plat of the A S Acquisition
Page 2 of 4
Ord No 2000M-29
ORDINANCE NO. 2000M-29
Subdivision, Lot 1, Block 1, as recorded in Document No. 2006051876 of the
Official Records of Brazoria County, City of Pearland, Brazoria County, Texas
(Generally Located on the East Side of State Highway 35 (Main Street), and
Approximately 1,000 Feet South of Knapp Road)
Section II. The City Council of the City of Pearland finds and determines that
the recitations in the preamble hereof are true and that all necessary prerequisites of
law have been accomplished and that no valid protest of the proposed change has
been made. The City Council further finds and determines that there has been
compliance with the mandates of law in the posting and presentation of this matter to
the Planning and Zoning Commission and to the City Council for consideration and
decision.
Section III. The City Council of the City of Pearland finds and determines that
the amendment adopted herein promotes the health, safety, and general welfare of the
public and is a proper valid exercise of the City's police powers.
Section IV. If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section V. All rights and remedies, which have accrued in the favor of the City
under this Ordinance and its amendments thereto, shall be and are preserved for the
benefit of the City.
Section VI. The City Secretary is hereby directed to cause to be prepared an
amendment to the official Zoning District Map of the City, pursuant to the provisions of
Section 2.3.2.2 of Ordinance No. 2000-T and consistent with the approval herein
granted for the reclassification of the herein above described property.
Page 3 of 4
Ord No 2000M-29
ORDINANCE NO. 2000M-29
Section VII. This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 1 ih day of
February, 2007.
~1~
T M REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
26th day of February, 2007.
~~\L
TOM REID
MAYOR
ATTEST:
C
AP~VED AS TO FORM:
(~~ /1, 01-
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-29
Current Zoning District:
'L'
~. , )
l/f"IYI/VI..J'.ltf( /
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
APPLICATION FOR
A CHANGE IN ZONING
Proposed Zoning District:
rYl I
Property Information:
Address or General Location of Property: 1:2y,JS
1758/
N m//J 51
.-~C\ 'f la n rJ
,Ji
I
Tax Account No.
Subdivision:
Lot:
Block:
A Complete
Application
must include
all of this
information:
o
o
o
Legal Description and/or Survey of the Property
Fee (see Zoning Change Fee Schedule)
Letter Explaining the Zoning Change Request in detail (specify the
existing zoning and why the zone change is being requested, current use
of the property, and the proposed use of the property; if a PD is
requested, see PD Format and Guidelines)
PROPERTY OWNER INFORM \ APPLlC.~T I.NFOR. MATION:
NAME -5 )1// NAME _I) lVl 010~Jr,/
ADDRESS ) -' ADDRESS 3130 / f/J I V A {) () rt.
CITY 'co ,,:::, STATE;K-..ZIP 71d'lJ-d)7dCITY fd-' _ STATE IX ZIP "77n7f/
PHONE( 7/1 ) -:27?=-3' ,9L;/ PHONE(?/3 ) y1/9- ;2/)/3
FAX( '7L"3>) ~; ~ ~ FAX( 7/-{) C;;1f 7/ q l' 7'
E-MAIL ADDRESS(i . , t' Il'l ) qV~r! I~zi/!..~\I"'" E-MAIL ADDRESS
As owner and applicant, .l-~ereby request approval of the above described request as provided for
by the Unified Developri(eny Cod f t e i of Pearland.
Owner's Signature r;, I Date: : I )D9 Jolo
/ /1 .
Agent's Signature: Date: II tJ /(.76
/ 7
RECEIVEDJ " ~ '
BY: r...L
RECEIPT
NUMBER:
~~,} 17 ,5 ~)
Application
No. aVo/}- 0 I
SUBJECT
PROPERTY
MC A 0 RD
LOCATION MAP
Zone Change
No.2007-01Z
W+E
S
o
I
300
I I
600 Feet
I
Map Prepared on January 2, 2007
AFFIDAVIT OF PUBLICATION
The Pearl and Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
..
Brazoria and Harris Counties
Exhibit "B"
Publications
Ordinance No. 2000M-29
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
iJ'
in THE REPORTER NEWS, a newspaper of general drculation in Brazoria, Harris
and Galveston Counties, for ( issues, as follows:
No. 1 Date 1.1-~7 20 00
,
No. Date 20
No. Date 20
No. Date 20
No. Date 20
.;J'>
Subscribe and sworn to before me this 2 g
.20 0&
day of IlL!'
~JJ~
Laura Ann Emmons, Publisher
Notary Public, State of Texas
[[:1 , ~':v., :C,'i', J CO-']- 0 I
Published Dec. 27 and
Jan. 3. 2006
NOTICE OF A JOINT PUB.
LIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
LEGALS
r
TEXAS
ZONE CHANGE NO.
2007-01
Notice is hereby given that
on January 15. 2007, at 6:30
p.m.. the City Council and
Planning and Zoning
Commission of the City of
Pearland, in Brazoria, Harris
and Fort Bend Counties,
Texas, will conduct a joint
public hearing in the Council
Chambers of City Hall,
located at 3519 Liberty
Drive, Pearland, Texas, on
the request of Jim Murphy,
applicant for AS Acquisitions
and Dave Pelton. owner, for
an amendment to
Ordinance No. 2000M. the
Zoning Map of the City of
Pearland, for approval of a
change in zoning district
from classification General
Commercial District (GC) to
Light Industrial District (M-
1). on the following
described property, to wit:
4.6841 acres of land out of
Tract 73 of the Zychlinski
Subdivision of the R. B. Lyle
Survey. Abstract 542, also
known as the Minor Plat of
the A S Acquisition
Subdivision, Lot 1. Block 1.
as recorded in Document
No. 2006051876 of the
Official Records of Brazoria
County, City of Pearland.
Brazoria County, Texas
(Generally Located on the
East Side of State Highway
35 (Main Street), and
Approximately 1,000 Feet
South of Knapp Road)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
Is! Theresa Grahmann
Senior Planner
AFFIDAVIT OF PUBLICATION
The Pearl and Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I i Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general ci'rculation in Brazoria, Harris
and Galveston Counties, for I issues, as follows:
,J"
Subscribe and sworn to before me this
If
day of ~wJ
IJ
JWLC
Laura Ann Emmons, Publisher
Notary Public, State of Texas
.20
--" '
>_ 'J I. . I
, ~
Published Dec. 27 and
Jan. 3, 2007
NonCE OF A JOINT PUB.
LIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE NO.
2007.01
Notice is hereby given that
on January 15, 2007, at 6:30
p.m., the City Council and
Planning and Zoning
Commission of the City of
Peartand, in Brazoria, Harris
and Fort Bend Counties,
Texas, will conduct a joint
public hearing in the Council
Chambers of City Hall,
located at 3519 Liberty
Drive, Peartand, Texas, on
the request of Jim Murphy,
applicant for AS Acquisitions
and Dave Pelton, owner, for
an amendment to
Ordinance No. 2000M, the
Zoning Map of the City of
Peartand, for approval of a
change in zoning district
from classification General
Commercial District (GC) to
Light Industrial District (M-
1), on the following
described property, to wit:
4.6841 acres of land out of
Tract 73 of the Zychlinski
Subdivision of the R. B. Lyle
Survey, Abstract 542, also
known as the Minor Plat of
the A S Acquisition
Subdivision, Lot 1, Block 1,
as recorded in Document
No. 2006051876 of the
OlIicial Records of Brazoria
County, City of Pearland,
Brazoria County, Texas
(Generally Located on the
. East Side of State Highway
35 (Main Street), and
Approximately 1,000 Feet
South of Knapp Road)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
Isf Theresa Grahmann
Senior Planner
Planning & Zoning Commission
Recommendation Letter
February 1, 2007
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2007-01Z, a request by Jim Murphy,
applicant for AS Acquisitions and Dave Pelton, owner, for an amendment to
Ordinance No. 2000M, the Zoning Map of the City of Pearland, for approval of a
change in zoning district from classification General Commercial District (GC) to
Light Industrial District (M-1)
Honorable Mayor and City Council Members:
At their regular meeting of January 15, 2007, the Planning and Zoning Commission
considered the request for a change in zoning district from classification General
Commercial District (GC) to Light Industrial District (M-1), on the following property:
Legal Description:
4.6841 acres of land out of Tract 73 of the Zychlinski Subdivision
of the R. B. Lyle Survey, Abstract 542, also known as the Minor
Plat of the A S Acquisition Subdivision, Lot 1, Block 1, as
recorded in Document No. 2006051876 of the Official Records of
Brazoria County, City of Pearland, Brazoria County, Texas
General Location:
Generally Located on the East Side of State Highway 35 (Main
Street), and Approximately 1,000 Feet South of Knapp Road
Commission Member Diggs made a motion to recommend approval of the zone change
request, which was seconded by Commission Member Koza. The motion to approve
passed 6 - O. The zone change was recommended for approval by the Planning and
Zoning Commission.
Sincerely,
Planning and Zoning Commission
Page 1 of 1